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I-751 Waiver Where a Marriage Ends in Divorce

http://www.shusterman.com This presentation explains what you should do if you marriage ends in divorce before before your two-year green card expires. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Generally, you and your US citizen spouse must submit a joint I-751 petition within the 90 day period before your green card expires. However, if your marriage ends in divorce, be ready to file a I-751 waiver of the joint petition requirement as soon as the divorce is final, but before your two-year green card expires. If your I-751 is approved, you will receive a 10-year green card. If your I-751 is denied, you will be put into removal proceedings in Immigration Court. Remember that you can renew your I-751 waiver petition before the Immigration Judge. For more information, please see our I-751 Waiver page at http://shusterman.com/i751waiverwhereamarriageendsindivorce.html

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I-751 Waiver Where a Marriage Ends in Divorce

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  1. I-751 Waiver Where a Marriage Ends in Divorce Immigration Attorney Carl Shusterman

  2. Conditional Residence • History: Prior to 1986 • 1986: 2-Year Green Cards • Green Cards Based on Marriage to USC/LPR • Marriage is Less Than 2-Years Old

  3. I-751 – Turns 2-Year into 10-Year Card • Spouses File Form I-751 Jointly • 90 Day Period Before End of 2 Years • Must Submit Proof of Bona Fide Marriage • Usually, No Interview Required

  4. I-751 Waiver: Divorce or Annulment • Waiver of Joint Petition Requirement • Can Be Filed ASAP after Divorce • File Prior to the Expiration of 2-Year Green Card • Interview Usually Required

  5. Purpose of I-751 Waiver • Proof that Marriage was Bona Fide • Marriage Based on Love, Not Just for GC • Cooperative Ex-Spouse?

  6. How to Document Your Waiver • Proof of Living Together • Joint Assets • Affidavits

  7. Consequences of I-751 Denial • Removal Proceeding Before Judge • Ability to Renew I-751 • Appeal to BIA if Necessary • Section 204(c) Penalty

  8. Do You Need An Attorney? • Not Usually Necessary for Joint Petition • Necessary for I-751 Waiver • 20-30 Exhibits • Preparation of Testimony/Witnesses

  9. I-751 Waiver Resources on www.shusterman.com • We link to the I-751 form and instructions • We link to the USCIS Memos on 751 Waivers • We link to Federal Court Decisions

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